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SIMMONS v. LUEBBERS

No. 01-2663, 01-2699.

299 F.3d 929 (2002)

Willie SIMMONS, Appellant, v. Allen LUEBBERS, Appellee. Willie Simmons, Appellant, v. Al Luebbers, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 14, 2002.

Rehearing and Rehearing Denied: September 24, 2002.

Attorney(s) appearing for the Case

Burton H. Shostak, argued, St. Louis, MO (Deborah J. Westling and Grant J. Shostak, on the brief), for appellant in 01-2663.

Eric W. Butts, argued, St. Louis, MO (Phillip M. Horwitz, on the brief), for appellant in 01-2699.

Cassandra K. Dolgin, AAG, argued, Jefferson City, MO, for appellee.

Before McMILLIAN, HEANEY, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied: September 24, 2002.

HEANEY, Circuit Judge.

Willie Simmons appeals from the district court's denial of his petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.1 We affirm in part and reverse in part.

I. BACKGROUND

Simmons was convicted in a single trial of two counts of capital murder following the deaths of Leonora McClendon and Cheri Johnson. Following...

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